When you buy a property in Sebastian, you're focused on the obvious things: the price, the inspection, the location. But the single most important document is the one that legally confirms you own your new home, which is the title. A flawed title can jeopardize the entire transaction and your investment.
This is where Lulich & Attorneys, a trusted Sebastian title company, provides a different level of service. There's a fundamental gap between a standard title agent who processes paperwork and a dedicated legal team that ensures your deed is indisputable.
Handling your closing with an attorney provides a layer of security that a simple processing agent cannot match. If you are buying, selling, or refinancing in Indian River County and want assurance that your largest investment is protected, call us at (772) 492-4611.
Why Choose a Law Firm for Your Sebastian Closing?
Florida’s real estate laws are dense. Title companies that are not law firms are legally barred from resolving many types of title defects. This limitation can bring your closing to a dead stop, creating frustrating delays or even causing the deal to fall through.
At Lulich & Attorneys, we merge the detailed investigation of a law firm with the efficiency of a title company to prevent these exact situations.
- Deep Local Roots: The Lulich family has served Indian River County for decades, with a long history of protecting our neighbors' financial interests.
- Board-Certified Expertise: Our Managing Attorney, Jordan Lulich, is Board-Certified in Florida Real Estate Law, a certification held by only a small fraction of attorneys in the state. This means we are recognized authorities in the field.
- Proven Experience: With over $500 million in real estate transactions handled, we’ve encountered and resolved nearly every title issue imaginable, from riverfront estates to commercial properties.
- Community Presence: Our office at 1069 Main St, Sebastian, FL 32958, occupies the entire second floor just steps from Sebastian City Hall.
- All-In-One Service: As an authorized agent for Old Republic National Title Company, we provide both the title insurance policy and the legal oversight of an attorney, often for a cost comparable to a non-attorney agency.
- Client Trust: Our reputation is built on hundreds of five-star reviews from clients who value our proactive and responsive approach.
What Kind of Deed Are You Getting? Why It Matters.
Not all deeds are created equal. The type of deed you receive at closing determines the level of protection you have against future claims.
Think of it like buying a car. You could buy it "as-is" with no promises about its history, or you could buy a certified pre-owned vehicle with a full warranty. Deeds work similarly.
- A General Warranty Deed is the gold standard for residential real estate, as it offers the highest level of protection. The seller guarantees that the title is clear and free of defects, not just during their ownership but for the entire history of the property. If an issue arises from a previous owner decades ago, the seller is legally obligated to defend your title. This is the type of deed used in most standard Florida real estate contracts.
- A Special Warranty Deed offers a more limited guarantee. The seller only warrants against title defects that arose during their period of ownership. They make no promises about what happened before they bought the property. This type of deed is more common in commercial transactions or sales from a trust or estate.
- A Quitclaim Deed provides the least protection and is rarely used in a standard sale. It simply transfers whatever ownership interest the seller has, which could be full ownership, partial ownership, or none at all. It makes no guarantees. A quitclaim deed is like the "as-is" sale and you get what the seller has, with all potential problems included. These are typically used to clear up title issues or transfer property between family members.
Our role is to ensure you receive the correct deed for your transaction, giving you the strongest possible claim to your property.
Beyond the Obvious: Uncovering and Fixing Hidden Title Defects
A title search is like a forensic examination of a property's history. While title insurance protects you financially from undiscovered issues, our job as attorneys is to find and fix those issues before they can ever threaten your ownership. A title agent can only report on these problems, whereas we can solve them.
Here are some common but tricky title defects we resolve:
- Errors in Public Records: A simple typo, like a misspelled name or an incorrect legal description on a past deed, can create a serious cloud on your title. We can correct these errors by preparing and filing a corrective deed or, if necessary, through a court action.
- Unknown Heirs or Wills: When a property is sold from an estate, there’s always a risk of a missing heir appearing later to claim ownership. If the probate process was handled incorrectly, the sellers may not even have the legal right to transfer the property. We verify that the probate was properly administered to extinguish any future claims.
- Illegal Deeds or Forgeries: It is possible for a past deed in the chain of title to be fraudulent or improperly signed. Discovering a forged document can invalidate your ownership claim. We are equipped to identify red flags and take legal action to affirm the legitimate chain of title.
- Boundary and Survey Disputes: A neighbor’s fence might be on your property, or a shared driveway might not have a proper easement agreement. These are issues a standard survey review might flag, but as attorneys, we can draft the legal agreements or take the necessary steps to formally resolve the dispute.
For more tangled ownership claims, we can file a Quiet Title action. This is a lawsuit that asks a court to issue a final judgment declaring the rightful owner and clearing away any competing claims for good. A non-attorney title company cannot take this step; they would have to refer you to a law firm like ours.
Real Estate Risks in Sebastian and Indian River County
Local knowledge matters. Sebastian’s unique geography, from the Indian River Lagoon to historic lots and new developments, presents specific title challenges that we are accustomed to handling.
Title Hotspots in the Sebastian Area
- Waterfront Properties: Homes along Indian River Drive often have complicated issues involving riparian rights, which are the legal rights of a landowner to use the water that borders their property. Disputes over dock permits, boundaries at the high-water line, and view obstructions are common. A standard survey review might miss these nuances, but our legal analysis catches them.
- Historic Old Sebastian: Older properties, especially in the town's historic core, sometimes have conflicting surveys or plat maps from decades ago. These boundary discrepancies frequently surface only when a new survey is ordered for a sale, threatening to delay the closing.
- Unpermitted Work: In established neighbourhoods, it's not unusual to find a home with a porch enclosure or a large shed that a previous owner built without the required permits. This creates a cloud on the title because of the code violation, which must be resolved before the property can be sold with a clear title.
The Probate Factor
Because Sebastian is a popular retirement area, many homes are sold by heirs after a parent passes away. If the estate wasn't properly probated, the people selling the house may not have the legal authority to do so. Our attorneys identify and address these probate issues early to confirm the sellers can legally transfer the property to you.
How We Get You to the Closing Table
Our work starts with an exhaustive title search. We review the public records in Indian River County, looking for outstanding mortgages, judgments, unpaid property taxes, and liens from contractors who were never paid.
Clearing the Title Commitment
After the search, we receive a Title Commitment, which is a roadmap listing everything that must be done before a clear title can be transferred. Our team systematically clears these requirements:
- Paying Off Existing Mortgages: We confirm the exact amount owed on the seller's mortgage and ensure it is paid in full at closing.
- Securing HOA Estoppel Letters: An estoppel letter is a legally binding document from the Homeowners Association stating the current owner's dues are paid. This protects you from inheriting their debt.
- Clearing Municipal Liens: We conduct a municipal lien search to find unrecorded debts to the city or county, such as unpaid utility bills or code enforcement fines, that could become your problem.
At the Closing Table
When you sit down to sign, we make sure you understand every document. We prepare the ALTA Settlement Statement, a detailed ledger accounting for every dollar in the transaction. We will walk you through the key paperwork, explaining everything in plain English: e.g., "This is the Warranty Deed, which officially transfers ownership," and "This is the Note, which is your promise to repay the lender." There is no rush, and our goal is for you to sign with full confidence.
Managing Lenders and the Other Side
A real estate closing involves different parties with their own interests. Our job is to manage these relationships to keep the transaction moving forward smoothly.
Working with Your Lender
A bank’s main goal is to secure its loan. Their underwriting departments are thorough and sometimes request additional documents at the last minute. We act as the direct point of contact with your lender, working to satisfy their requirements quickly and prevent their internal processes from delaying your closing.
Interacting with the Other Party
Disagreements can pop up over anything from repairs found during the final walk-through to the seller’s failure to move out on time. If the other party breaches the contract, a standard title company cannot offer legal advice on your options. However, we can offer this and we’ll explain how to enforce the contract or, if necessary, take steps to protect your deposit. We approach this not as a confrontation, but as a matter of holding everyone accountable to the agreement they signed.
Preparing for Your Closing Day
While we handle the legal and administrative work, there are a few things you can do to help ensure a seamless closing.
Your Pre-Closing Financial Checklist
In the weeks before closing, avoid any significant changes to your financial profile. Lenders often run a final credit check right before funding the loan, and new activity could jeopardize your approval.
- Do not finance a new car or furniture.
- Do not open or close any credit card accounts.
- Do not co-sign a loan for anyone else.
- Do not change jobs or quit your current one.
Under federal law, you must receive a document called the Closing Disclosure (CD) at least three business days before your closing date. Review the numbers on this document carefully. If your loan terms or the cash-to-close amount seems wrong, call us right away so we can get it corrected.
Protect Your Down Payment from Wire Fraud
Wire fraud is a major threat in real estate. Scammers may try to email you fake wiring instructions. We will never email you a last-minute change to our wire information. Before you send any money, always call our office at (772) 492-4611 to verbally confirm the instructions. A five-minute phone call can protect your entire down payment.
Finally, schedule your Final Walk-Through of the property 24 hours before closing. This is your opportunity to confirm the home is in the agreed-upon condition and that the seller has moved out completely.
FAQ: Sebastian Title Services
Can you handle my closing if I'm not in Sebastian?
Absolutely. We frequently manage closings for out-of-state clients. We use secure mail-away closing packages and Remote Online Notarization (RON), a process fully authorized under Florida law that allows you to sign your documents from anywhere.
What happens if a house I want to buy has an old, open permit?
This is a common issue. As attorneys, we can negotiate with the seller to have them resolve the permit before closing. Another solution is to have funds from their proceeds held in escrow to cover the cost of closing the permit, ensuring you don't inherit the problem and its potential expense.
What is FIRPTA and does it apply to my transaction?
The Foreign Investment in Real Property Tax Act (FIRPTA) is a federal law that applies when the seller of a property is a foreign person or entity. It requires the buyer to withhold a portion of the sales price (typically 15%) and send it to the IRS to cover potential capital gains tax. We can determine if your transaction is subject to FIRPTA and will handle all the necessary paperwork and withholding to ensure you are compliant.
Do you only handle residential closings?
We handle both residential and complex commercial real estate transactions. Our team has the experience to manage closings for everything from single-family homes and condos to storefronts on US-1 and large commercial parcels.
Don't Leave the Biggest Purchase of Your Life to Chance
You may think that hiring a law firm for your closing is an unnecessary expense. It’s not. It is the most reliable way to secure your investment and your future home.
We are ready to guide you to the closing table on time and without surprises—with the support of a trusted Sebastian real estate lawyer. Let’s make your ownership official and build a secure foundation for years to come.
Call Lulich & Attorneys today at (772) 492-4611 to schedule your closing and speak with a trusted Sebastian legal team.